ANJENDRA KUMAR AGGARWAL Vs. KRUZER HERBALS

JUDGEMENT

(1.) The plaintiff Ajendra Kumar Aggarwal, Proprietor of Dayal Medico carrying on business in Mathura has filed the above suit against two defendants for an injunction restraining infringement of trade mark and injunction on the ground of passing off. The product invented and manufactured by the plaintiff and the first defendant arc Ayurvedic medicines. According to the plaintiff he is engaged in the business of manufacturing and marketing Ayurvedic medicines for the treatment of Stop Menses Clear. He has been in the business since January, 1990 carrying on business under the trade Mark MENSUROL. The trade mark according to the plaintiff is registered. Originally the business was carrying on by a parter and now he is the proprietor. According to the plaintiff, relating to the carton and logo the plaintiff has applied for registration. It is the assertion in the reply on account of distinctiveness acquired by the plaintiff and no one else in the market could use the trade mark and deceptively similar to MENSUROL.

(2.) The plaintiff has given his sales figures in paragraph 7 of the plaint as follows: <FRM>JUDGEMENT_416_DRJ38_1996Html1.htm</FRM>

(3.) It is also the case of the plaintiff that the trade mark MENSUROL logo has become synonymous with the plaintiff in view of its long continuous extensive and exclusive user.